Change to Framework for Proving Disability in North Carolina Supreme Court’s Landmark Wilkes Decision

Courtney Britt and Matt Flammia

In addition to creating a medical presumption for accepted claims, the North Carolina Supreme Court’s decision in Wilkes v. City of Greenville has significantly altered the landscape for proving disability.  The Court has held that an employee can prove a disability outside of the four methods outlined in Russell v. Lowes Product Distribution.  The Court…